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Home My WebLink About01-24-2011 MINUTES MAPLEWOOD CITY COUNCIL 7:00p.m.,Monday,January 24, 2011 Council Chambers, City Hall Meeting No.02-11 A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:06p.m.by Mayor Rossbach. B.PLEDGE OF ALLEGIANCE C.ROLL CALL Will Rossbach, MayorPresent Kathleen Juenemann, CouncilmemberPresent Marvin Koppen, CouncilmemberPresent James Llanas, CouncilmemberPresent John Nephew, CouncilmemberPresent D.APPROVAL OFAGENDA The following items were added to the agenda by the council: N1.Suburban Rate Authority–Councilmember Nephew N2.Fire Department–Councilmember Nephew Councilmember Llanasmoved to approve the agenda as amended. Seconded by CouncilmemberNephew.Ayes –All The motion passed. E.APPROVAL OF MINUTES 1.Approval of January 10, 2011, City Council Workshop Minutes Councilmember Juenemann had a correction to page 1 of the minutes correcting the spelling of Oakdale City Councilmember Stan Karwoski to Karnowski. (After reviewthe spelling wascorrectas submitted. Councilmember Nephewmoved to approve the January 10, 2011, City Council Workshop Minutesassubmitted. Seconded by Councilmember Juenemann.Ayes –All The motion passed. 2.Approval of January 10, 2011, City Council Meeting Minutes January 24, 2011 1 City Council MeetingMinutes Councilmember Nephew had a correction to page 18 of 104of the minutes,under the 2011 City Council Appointments. Under the Community Design Review Board it should be Marv Koppenas therepresentative,not JohnNephew.And on page 19 of 104,under the Police Civil Service Commission,Terrie Rameau should have (Staff Liaison) after her name. Councilmember Nephewmoved to approve the January 10, 2011, City Council Meeting Minutes as amended. Seconded by Councilmember Koppen.Ayes –All The motion passed. Councilmember Nephew moved to add Mayor Rossbach as the representative to the Transportation Advisory Board and request that it be added to the list of 2011 City Council Appointments. Seconded by Councilmember Koppen.Ayes –All The motion passed. F.APPOINTMENTS AND PRESENTATIONS None. G.CONSENT AGENDA 1.Councilmember Llanasmoved to approve items1-10. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 1.Approval of Claims CouncilmemberLlanasmoved Approval of Claims. ACCOUNTS PAYABLE: $533,181.48Checks # 83325thru #83370 $ 288,707.25Disbursements via debits to checking account Dated 12/27/10 thru 12/31/10 $348,206.56Checks #83371thru #83435 Dated 12/30/10 thru 1/11/11 $ 197,260.51Disbursements via debits to checking account Dated 01/03/11thru 01/07/11 __________________ $ 1,367,355.80Total Accounts Payable PAYROLL January 24, 2011 2 City Council MeetingMinutes $527,458.42Payroll Checks and Direct Deposits dated 01/07/11 $ 2,392.75Payroll Deduction check #1009797thru #1009799 Dated 01/07/11 ___________________ $529,851.17Total Payroll GRAND TOTAL $ 1,897,206.97 Seconded by Councilmember Juenemann.Ayes –All The motion passed. 2.Consider Authorizing Funding Maplewood Heritage Award Councilmember Llanasmoved toapprovethe funding for the annual Maplewood Heritage Award. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 3.Conditional Use Permit Review –Menards Councilmember Llanas moved toapprovethe CUP for Menards at 2280 Maplewood Drive which shall be reviewed again only if a problem arises or a major change is proposed. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 4.Conditional Use Permit Review –The Seasons at Maplewood (formerly known as the Regent) CouncilmemberLlanasmoved toapprovethe CUP for the Seasons at Maplewood and shall review it again in one year. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 5.Approval of Park Naming of the Legacy Tot Lot Councilmember Llanasmoved toapprovethe name change of the Legacy Tot-lot to Legacy Pines Park. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 6.Resolution Accepting Donation to the Police Department from Residential Mortgage Group Councilmember Llanas moved toapprove the $100 donation for the Residential Mortgage Group. January 24, 2011 3 City Council MeetingMinutes RESOLUTION11-01-521 AUTHORIZING GIFT TO CITY WHEREAS, Maplewood is AUTHORIZED to receive and accept grants, gifts and devices of real and personal property and maintain the same for the benefit of the citizens and pursuant to the donor’s terms if so-prescribed, and; WHEREAS, Residential Mortgage Group (RMG) wishes to grant the City of Maplewood the following: $100, and; WHEREAS, Residential Mortgage Grouphas instructed that the City will be required to use the aforementioned for: use by the Police Department todirectly improve the community, and; WHEREAS, the City of Maplewood has agreed to use the subject of this resolution for the purposes and under the terms prescribed, and; WHEREAS, the City agrees that it will accept the gift by a super majority of its governing body’s membership pursuant to Minnesota Statute §465.03; NOW, THEREFORE, BE IT RESOLVED, pursuant to Minnesota Statute §465.03, that the Maplewood City Council approves, receives and accepts the gift aforementioned and under such terms and conditions as may be requested or required. The Maplewood City Council passed this resolution by a super majority vote of its membership on January 24, 2011. Signed:Signed:Witnessed: __________________________________________________________ (Signature)(Signature)(Signature) Mayor______________Chief of Police_________City Clerk____________ (Title)(Title)(Title) ____________________________________________________________ (Date)(Date)(Date) Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 7.Approval to Enter into Agreement with the State of Minnesota to Receive Funds for Electronic Citation Interface System Councilmember Llanas moved toapprove the agreement with the State of Minnesota to receive funds for electronic Citation Interface System Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 8.Approval of Resolution Reducing Retaining on Existing Construction Contact Hills and Dales Area Street Improvements, City Project 09-15 January 24, 2011 4 City Council MeetingMinutes Councilmember Llanasmoved toapproveresolution directing the city engineer to reduce retainage on the existing construction contract for city project 09-15 to 1%. RESOLUTION 11-1-522 DIRECTING REDUCTION OF RETAINAGE ON EXISTING CONSTRUCTION CONTRACT PROJECT 09-15 WHEREAS, the City Council of Maplewood, Minnesota has previously ordered Improvement Project 09-15,Hills and Dales Area Street Improvements,and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS,the contractor, T.A. Schfisky and Sons, Inc., has requested, by written notice, a reduction in contract retainage, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA thatthe retainage within the construction contract is hereby authorized to be reduced, at the discretion of the City Engineer, from 5% to 1%. th Adopted by the council on this 24day of January, 2011. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 9.2011 Pay Rates for Temporary/Seasonal, Casual Part-Time and Employees Councilmember Llanasmoved toapprovethe 2011 Pay Rates for Temporary/Seasonal, Casual Part-Time and Employees. RESOLUTION 11-1-523 WHEREAS, according to the Minnesota Public Employees Labor Relations act, part-time employees who do not work more than 14 hour per week and temporary/seasonal employees who work in positions that do not exceed 67 days in a calendar year, or 100 days for full-time students, are not public employees and are therefore not eligible for membership ina public employee union. NOW, THEREFORE, BE IT RESOLVED, that the following pay ranges and job classifications are hereby established for temporary/seasonal, casual part-time (14 hours or fewer/wk) employees effective January 1, 2011 upon Council approval. Accountant$10.00-30.00per hour Accounting Technician$9.00-22.00per hour Administrative Assistant$9.00-23.00per hour Background Investigator$25.00-35.00per hour Building Inspector$14.00-35.00per hour Building Attendant$7.25-15.00per hour Customer Service Assistant$7.25-15.00per hour CSO$8.00-16.00per hour Data Entry Operator$8.00-12.00per hour Election Judge$7.25-12.00per hour Election Judge -Assistant Chair$9.00-15.00 per hour Election Precinct Chair$9.00-16.00per hour Engineering Aide$7.00-16.00per hour Engineering Technician$10.00-16.00per hour Firefighter-in-Training (new hire) **$10.00per hour Firefighter/EMT **$12.00per hour Firefighter/Paramedic **$13.00per hour Firefighter/EMT Captain **$14.00 per hour January 24, 2011 5 City Council MeetingMinutes Firefighter/Paramedic Captain **$15.00per hour Battalion Chief **$16.00per hour Intern$7.25-20.00per hour IT Technician$15.00-20.00per hour Laborer$7.25-14.00per hour Lifeguard$7.25-14.00per hour Manager-on-Duty Differential$1.00per hour Office Specialist$8.50-18.00per hour Receptionist$8.00-16.00per hour Recreation Instructor/Leader$7.25-32.00per hour Recreation Official$7.25-30.00per hour Recreation Worker$7.25-18.00per hour Theater Technician$20.00-30.00per hour Vehicle Technician$9.00-15.00per hour Video Coordinator*$11.00-19.00per hour Video Technician*$10.00-18.00per hour Water Safety Instructor (WSP) Differential $2.00per hour Head Lifeguard (HG) Differential$1.00per hour Water Safety Aide (WSA) Differential$.50per hour *Video positions shall be paid a guaranteed minimum flat fee of $50 for 4 hours or less. ** Fire Department positions shall receive a $2 per hour differential for working the following th holidays: New Year’s Day, Memorial Day, July 4, Labor Day, Thanksgiving Day and Christmas Day. BE IT FURTHER RESOLVED, that the City Manager shall have the authority to set the pay rate within the above ranges. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 10.Payment of Safari Software Maintenance Fees CouncilmemberLlanasmoved toapprovethe payment of $11,466.31 for the safari software maintenance fees from the 2010 IT Fund. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. H.PUBLIC HEARING None. I.UNFINISHED BUSINESS None. J.NEW BUSINESS 1.Approval of Liquor License –Myth Nightclub a.City Clerk, Director Citizen Services, Karen Guilfoile gave the report and answered questions of the council. January 24, 2011 6 City Council MeetingMinutes b.Applicant for the Myth Nightclub, Mike Miranowski addressed and answered questions of the council. c.City Attorney, Alan Kantrud answered questions of the council. d.Maplewood Police Chief, Dave Thomalla answered questions of the council. Councilmember Koppenmoved toapprovethe liquorlicense for the Myth Nightclub Seconded by CouncilmemberLlanas.Ayes –All The motion passed. Councilmember Juenemann moved to increase the number of compliance checks to 6 the first yearand at least half of those compliance checks should be duringthe 18 to 21 year old events at the Myth. It is further recommendedthat the applicant meet with Police Chief Thomalla for review of security and related issues approximately six months after the Myth opens. The maximum occupancy of the building shall be 1,450. Any change in occupancy limit must be approved by the city council based on additional parking spaces secured by lease agreements and approved by the city council. Seconded by Mayor Rossbach.Ayes –All 2.Consideration of Penalties for Tobacco and Alcohol Compliance Failures a.City Clerk, Director Citizen Services, Karen Guilfoile gavea brief report and answered questions of the council. CouncilmemberNephewmoved toapprovethe $250 tobaccoviolation fine for A1 Liquor and $750tobacco violation fine for Keller Lake Convenience. A1 Liquor, 19 Century Avenue South–tobaccoviolation –council approved $250 fine Keller Lake Convenience, 2228 Maplewood Dr.–tobacco violation –council approved $750 fine Seconded by CouncilmemberKoppen.Ayes –All The motion passed. 3.Conditional Use Permit Revision, Woodland Hills Church Request for a Temporary Homeless Shelter, 1740 Van Dyke Street a.Senior Planner, Tom Ekstrand gave the report and answered questions of the council. b.Planning Commissioner,Joe Boeser addressed the council. c.St. Paul Council of Churches representative,Sara Eagle addressed the council. d.Facilities Director of Woodland Hills Church, Troy Zambranoaddressed the council. Councilmember Juenemannmoved toapprovethe conditionaluse permit revision for Woodland Hills Church at 1740 Van Dyke Street to operate a temporary homeless shelter two months each yearand notifying the city when it will take place during the year. CONDITIONAL USE PERMIT REVISION RESOLUTION11-1-524 January 24, 2011 7 City Council MeetingMinutes WHEREAS, Woodland Hills Churchapplied for a conditional use permitrevisionto operate a temporary homeless shelter. WHEREAS, Section 44-1092(3) of the city ordinances requires a conditional use permit for churches and institutions of any educational, philanthropic and charitable nature. WHEREAS, this permit applies to the property located at 1740 Van Dyke Street. The legal description is: PID # 14 29 22 33 0001 WHEREAS, the history of this conditional use permit is as follows: 1.On December 7, 2010, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the report and recommendation of city staff. The planning commission recommended that the city council approvethis permit. 2. On January10, 2011, the city council considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council passedthe above-described conditional use permit, because: 1.The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and this Code. 2.The use would not change the existing or planned character of the surrounding area. 3.The use would not depreciate property values. 4.The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5.The use would not exceed the design standards of any affected street. 6.The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7.The use would not create excessive additional costs for public facilities or services. 8.The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9.The use would cause no more than minimal adverse environmental effects. Approval is subject to the following conditions: 1.All construction shall follow the site plan approved by the city. Staff may approve minor changes. 2.The proposed use must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. January 24, 2011 8 City Council MeetingMinutes 3.The city council shall review this permit in one year. 4.The temporary homeless shelter shall be limited to a period of two months each year. The number of residents sheltered shall not exceed 20 persons at a time as proposed. 5.Woodland Hills Church shall provide constant supervision when the temporary shelter is in operation. 6.Woodland Hills Church shall comply with all requirements of the Maplewood Building Official, Fire Marshal and Health Officer prior to beginning the operation of the temporary shelter. 7.Any changes in use or the operation of the temporary shelter or expansion of the church shall require review by the city council. 8.Any plans for changes to the building exterior, other than painting or repairs, shall be submitted to the community design review board, for review and approval. 9.The applicant shall notify city staff prior to operating the temporary shelter so the city can assure compliance with the allowed two months per year of the homeless shelter. The Maplewood City Council passed this resolution onJanuary 24, 2011. Seconded by CouncilmemberNephew.Ayes –All The motion passed. K.VISITOR PRESENTATIONS 1.Bob Zick, North St. Paul.Mr. Zick spoke about the temporary homeless shelterat Woodland Hills Church.Mr. Zick revisited the discussion regarding the anti-S.L.A.P.P. ordinance from the January 10, 2011,council meeting. 2.Tim Kinley, Maplewood.Mr. Kinley discussed the temporary homeless shelterat Woodland Hills Church.Mr. Kinley gave his opinion of forcing people to pay for a service they aren’t going to use such as recycling.He disagrees with the domestic partnership ordinance and doesn’t think itsright to have in Maplewood. 3.Joe Boeser, Maplewood.Talked about the temporary homeless shelter at Woodland Hills Church and how gratifying it was serving on the planning commission for that item and how pleased he was that the city council approved it.Mr. Boeser discussed the liquor license approval process and how surprised he was there aren’t increased compliance checks with a new liquor license in the first yearof receiving approval.In response to Mr. Kinley Mr. Boeser said he is offended atthe level of ignorance in the community at large and stated he felt everyone should get along. L.AWARD OF BIDS None. M.ADMINISTRATIVE PRESENTATIONS None. N.COUNCIL PRESENTATIONS January 24, 2011 9 City Council MeetingMinutes 1.Suburban Rate Authority–Councilmember Nephew Councilmember Nephew indicated that the Suburban Rate Authority(SRA)is an association of cities around the metro area that getsinvolved with issues of utility regulation. Recently a quarterly meeting of the Suburban Rate Authority was hosted in Maplewood. Councilmember Nephew discussed a casethat the SRAreviewed regarding a proposed rate increase by Xcel that would coverfees to relocate utilities that were necessary due to road projects. The involved citieshadreceived stimulus money forthe projects. The SRA intervened and received testimony by public works representatives and street departments from the cities involved which resulted in a decrease in the proposed rate increase. 2.Fire Department-Councilmember Nephew Councilmember Nephew said thefire department hosted two informative open houses to discuss Maplewood fire stations closing,staffing changes and how to create better service in the changing environment. O.ADJOURNMENT Mayor Rossbachadjourned the meeting at8:47p.m. January 24, 2011 10 City Council MeetingMinutes